School Board group passes on NYSUT tax cap suit

The head of the New York State School Boards Association said his organization declined an invitation to join a lawsuit against the tax cap filed last month by New York State United Teachers.

“I don’t want to argue the merits of the case,” NYSSBA Executive Director Tim Kremer said at this weekend’s conference. “If they find this is something with constitutional support, that’s great. But if they don’t, what we’re concerned about is being able to provide the sound, basic education, but also at a price that the communities can afford. I’m worried that if we came out and supported the lawsuit, we would look as if we had a tin ear to what we’re hearing from the communities regarding economics. I know we had an obligation, but we also have an obligation to our communities. I don’t want it to look like we’re insensitive to taxpayers, and honestly, we have to pass budgets in May. I don’t want to be out there as a target for people who might think we’re insensitive and inappropriate. We’ve decided to wait and see.”

Michael Rebell, an education funding advocate who now teaches at Columbia University’s Teachers College, also had reservations over NYSUT’s approach.

“Bottom line: it’s not getting at the heart of the problem,” he said. “The heart of the problem is the whole state aid system. That may be out of balance, but to deal with one part of it when the whole thing needs correction is not the most effective way to do it.”

During a speech to school board members, Rebell said he had analyzed the NYSUT suit and found “there are some things that are wanting.”

“If we want to go after a cap, it’s the state aid cap that’s more important,” Rebell said, referring to a Cuomo policy that ties the growth in education aid to personal income tax receipts. “Constitutionally, I think that if the state wants to limit local property taxes, from a constitutional point of view, that’s okay as long as they find other ways to make sure there are resources for a sound, basic education, ie, more state aid.”